'Right To Govt A Constitutional Right': 3rd Plea Filed In HC To Remove Kejriwal From CM's Post

In his petition, Kumar has stated that "Right to have a government in accordance with the Constitution is a Constitutional Right of every citizen and voter."

Former Aam Aadmi Party (AAP) MLA Sandeep Kumar has now moved a writ petition before the Delhi High Court to remove Arvind Kejriwal from the post of Chief Minister of Delhi, following his arrest in the Delhi Liquor Policy case. In his petition, Kumar has stated that "Right to have a government in accordance with the Constitution is a Constitutional Right of every citizen and voter."

Kumar claims that as he is a voter of NCT of Delhi, he has a constitutional right to have a government as provided by the Constitution and anything otherwise violates his Constitutional Right to have a representative government with the Chief Minister at the head of the Council of Ministers to aid and advise the Lieutenant Governor (Article 239AA(4)).

Previously, the bench headed by Acting Chief Justice Manmohan had rejected two pleas seeking Kejriwal's removal from the post saying that it is for the executive to take a call and there is no scope of judicial interference here. The bench had observed that as such there is no legal bar on Kejriwal continuing on post of chief minister from judicial custody.

Kumar however has not moved PIL. He has moved the court under the writ jurisdiction by filing a quo warranto petition. He has sought issuance of a writ of quo warranto against Kejriwal by calling upon him to show by what authority he is holding the office of the Chief Minister of Delhi.

Kumar, a lawyer by profession, claims to be a social worker and a founding member of AAP.

In the previous hearing, while disposing of a plea seeking the removal of Kejriwal from CM's post, the high court bench had remarked that it is Arvind Kejriwal's personal call if he wants to resign or not, but sometimes personal interest should be subordinated to national interest.

Another bench of the high court on Wednesday reserved verdict in Kejriwal's petition challenging his arrest as illegal. 

The Delhi CM was arrested on the night of March 21. On March 22, the trial court remanded him to six days of ED custody, which was extended by four days. On April 01, he was sent to judicial custody till April 15.